The latest developments in the Florida Supreme Court challenge to the sports betting compact between Florida Gov. Ron DeSantis and the Seminole Nation are arguments over timing.
Days after No Casinos, Inc filed its amicus brief in the case, DeSantis’s office has requested a 30-day extension to file its response.
In the motion, Florida Attorney General Ashley Moody noted a particularly heavy workload for Solicitor General Henry Whitaker over the next two weeks as part of the request for an extension to Dec. 1. The current deadline is Nov. 1.
Moody also pointed out that the court granted No Casinos a ten-day extension with relatively few questions asked. The brief also argued that, since West Flagler waited two years to even file action in the state.
West Flagler quickly filed a response, arguing that there is urgency to act quickly in the case. The brief specifically pointed out the concurrent case in the US Supreme Court and also suggested Seminole might choose to relaunch in the state if given the opportunity:
“While there is no imminent emergency, due to recent recall and stay of the circuit court of appeals’ mandate by U.S. Supreme Court Chief Justice John Robers issued on October 12, 2023…neither Petitioners nor Respondents nor this Court can know whether or how the U.S. Supreme Court will proceed over the next two months — or even whether the Seminole Tribe will decide to take matters into its own hands and launch its sports betting application state-wide.”
West Flagler also clarified that, while it has not asked for emergency relief at the state level given the stay of the mandate from SCOTUS it may change that stance if the federal court changes its stance on the matter.
The group offered up a seven-day extension as a compromise. As legal expert Daniel Wallach noted on Twitter, the timing of a delay could be advantageous to DOI and the state.